0520090307
05-21-2009
Winfried W. Geier, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Winfried W. Geier,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Request No. 0520090307
Appeal No. 0120083919
Hearing No. 541200800187X
Agency No. 1E809001607
DENIAL
Complainant timely requested reconsideration of the decision in Winfried
W. Geier v. United States Postal Service, EEOC Appeal No. 0120083919
(January 23, 2009). EEOC regulations provide that the Commission may,
in its discretion, grant a request to reconsider any previous Commission
decision where the requesting party demonstrates that: (1) the appellate
decision involved a clearly erroneous interpretation of material fact
or law; or (2) the appellate decision will have a substantial impact on
the policies, practices, or operations of the agency. See 29 C.F.R. �
1614.405(b).
In his underlying complaint, complainant alleged that the agency
subjected him to unlawful discrimination on the basis of his national
origin (German) in violation of Title VII of the Civil Rights Act of
1964, as amended, 42 U.S.C. � 2000e et seq., when, on May 23, 2007,
management denied his request for Leave Without Pay/Bid Annual Leave and
his leave slip was falsified. The Administrative Judge (AJ) assigned to
the case issued a decision without a hearing finding no discrimination.
Specifically, the AJ found that assuming, arguendo, complainant
established a prima facie case of national origin discrimination, the
agency nonetheless articulated legitimate, nondiscriminatory reasons
for its actions that complainant failed to show were pretextual.
The agency's final order adopted the AJ's decision. On appeal, the
Commission affirmed the agency's final order.
In his request for reconsideration, complainant reiterates his contention
that the agency subjected him to unlawful national origin discrimination.
We find, however, that complainant's arguments were fully considered
on appeal, and after reconsidering the previous decision and the entire
record, the Commission finds that the request fails to meet the criteria
of 29 C.F.R. � 1614.405(b), and it is the decision of the Commission to
deny the request. The decision in EEOC Appeal No. 0120083919 remains
the Commission's decision. There is no further right of administrative
appeal on the decision of the Commission on this request.
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (P0408)
This decision of the Commission is final, and there is no further right
of administrative appeal from the Commission's decision. You have the
right to file a civil action in an appropriate United States District
Court within ninety (90) calendar days from the date that you receive
this decision. If you file a civil action, you must name as the defendant
in the complaint the person who is the official agency head or department
head, identifying that person by his or her full name and official title.
Failure to do so may result in the dismissal of your case in court.
"Agency" or "department" means the national organization, and not the
local office, facility or department in which you work.
RIGHT TO REQUEST COUNSEL (Z1008)
If you decide to file a civil action, and if you do not have or cannot
afford the services of an attorney, you may request from the Court that
the Court appoint an attorney to represent you and that the Court also
permit you to file the action without payment of fees, costs, or other
security. See Title VII of the Civil Rights Act of 1964, as amended,
42 U.S.C. � 2000e et seq.; the Rehabilitation Act of 1973, as amended,
29 U.S.C. �� 791, 794(c). The grant or denial of the request is within
the sole discretion of the Court. Filing a request for an attorney with
the Court does not extend your time in which to file a civil action.
Both the request and the civil action must be filed within the time
limits as stated in the paragraph above ("Right to File a Civil Action").
FOR THE COMMISSION:
______________________________
Carlton M. Hadden, Director
Office of Federal Operations
May 21, 2009
Date
2
0520090307
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0520090307